
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4107]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                          CHAPTER 41--TRAINING
 
Sec. 4107. Restriction on degree training

    (a) Except as provided in subsections (b) and (c) of this section, 
this chapter does not authorize the selection and assignment of an 
employee for training, or the payment or reimbursement of the costs of 
training, for--
        (1) the purpose of providing an opportunity to an employee to 
    obtain an academic degree in order to qualify for appointment to a 
    particular position for which the academic degree is a basic 
    requirement; or
        (2) the sole purpose of providing an opportunity to an employee 
    to obtain one or more academic degrees.

    (b)(1) The regulations prescribed under section 4118 of this title 
shall include provisions under which the head of an agency may provide 
training, or payment or reimbursement for the costs of any training, not 
otherwise allowable under subsection (a) or (c) of this section, if 
necessary to assist in the recruitment or retention of employees in 
occupations in which the Government has or anticipates a shortage of 
qualified personnel, especially in occupations involving critical skills 
(as defined under such regulations).
    (2) In exercising any authority under this subsection, an agency 
shall, consistent with the merit system principles set forth in 
paragraphs (1) and (2) of section 2301(b) of this title, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    (3) No authority under this subsection may be exercised on behalf of 
any employee occupying or seeking to qualify for appointment to any 
position which is excepted from the competitive service because of its 
confidential, policy-determining, policy-making, or policy-advocating 
character.
    (c) With respect to an employee of the Department of Defense--
        (1) this chapter does not authorize, except as provided in 
    subsection (b) of this section, the selection and assignment of the 
    employee for training, or the payment or reimbursement of the costs 
    of training, for--
            (A) the purpose of providing an opportunity to the employee 
        to obtain an academic degree in order to qualify for appointment 
        to a particular position for which the academic degree is a 
        basic requirement; or
            (B) the sole purpose of providing an opportunity to the 
        employee to obtain one or more academic degrees, unless such 
        opportunity is part of a planned, systematic, and coordinated 
        program of professional development endorsed by the Department 
        of Defense; and

        (2) any course of post-secondary education delivered through 
    classroom, electronic, or other means shall be administered or 
    conducted by an institution recognized under standards implemented 
    by a national or regional accrediting body, except in a case in 
    which such standards do not exist or the use of such standards would 
    not be appropriate.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 101-510, div. A, 
title XII, Sec. 1206(a), Nov. 5, 1990, 104 Stat. 1659; Pub. L. 103-226, 
Sec. 2(a)(5), Mar. 30, 1994, 108 Stat. 112; Pub. L. 106-398, Sec. 1 
[[div. A], title XI, Sec. 1121], Oct. 30, 2000, 114 Stat. 1654, 1654A-
315.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 2313.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  14, 72
                                                    Stat. 334.
(b)................  5 U.S.C. 2318(d).             July 7, 1958, Pub. L.
                                                    85-507, Sec.  19(d),
                                                    72 Stat. 336.
(c)................  5 U.S.C. 2312.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  13, 72
                                                    Stat. 334.
------------------------------------------------------------------------

    The prohibitions are restated in positive form.
    In subsection (a)(2), the words ``Executive order'' are substituted 
for ``Executive orders of the President''.
    In subsection (c), the words ``under authority of this chapter'' and 
``by the Government'' are omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1121(1)], substituted ``subsections (b) and (c)'' for ``subsection 
(b)'' in introductory provisions.
    Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1121(2)], substituted ``subsection (a) or (c)'' for ``subsection 
(a)''.
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1121(3)], added subsec. (c).
    1994--Pub. L. 103-226, Sec. 2(a)(5)(A), substituted ``Restriction on 
degree training'' for ``Non-Government facilities; restrictions'' in 
section catchline.
    Subsec. (a). Pub. L. 103-226, Sec. 2(a)(5)(B), (C), redesignated 
subsec. (c) as (a), in introductory provisions substituted ``subsection 
(b)'' for ``subsection (d)'' and struck out ``by, in, or through a non-
Government facility'' after ``employee for training'', and struck out 
former subsec. (a) which read as follows: ``Appropriations or other 
funds available to an agency are not available for payment for training 
an employee--
        ``(1) by, in or through a non-Government facility which teaches 
    or advocates the overthrow of the Government of the United States by 
    force or violence; or
        ``(2) by or through an individual concerning whom determination 
    has been made by a proper Government administrative or investigatory 
    authority that, on the basis of information or evidence developed in 
    investigations and procedures authorized by law or Executive order, 
    there exists a reasonable doubt of his loyalty to the United 
    States.''
    Subsec. (b). Pub. L. 103-226, Sec. 2(a)(5)(B), (D), redesignated 
subsec. (d) as (b), substituted ``subsection (a)'' for ``subsection 
(c)'' in par. (1), and struck out former subsec. (b) which read as 
follows: ``This chapter does not authorize training an employee by, in, 
or through a non-Government facility a substantial part of the 
activities of which is--
        ``(1) carrying on propaganda, or otherwise attempting, to 
    influence legislation; or
        ``(2) participating or intervening, including publishing or 
    distributing statements, in a political campaign on behalf of a 
    candidate for public office.''
    Subsecs. (c), (d). Pub. L. 103-226, Sec. 2(a)(5)(B), redesignated 
subsecs. (c) and (d) as (a) and (b), respectively.
    1990--Subsec. (c). Pub. L. 101-510, Sec. 1206(a)(1), substituted 
``Except as provided in subsection (d) of this section, this'' for 
``This'' in introductory provisions.
    Subsec. (d). Pub. L. 101-510, Sec. 1206(a)(2), added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in section 3381 of this title; title 10 
section 1745; title 41 section 433.
